[Ord. No. 1732-97 § 73-1]
There is hereby established pursuant to N.J.S. 40:55D-1 et seq.
a Planning Board of nine members consisting of the following four
classes:
a.
Class I: The Mayor or the Mayor's designee in the absence of the
Mayor.
b.
Class II: One of the officials of the municipality other than a member
of the Governing Body, to be appointed by the Mayor.
c.
Class III: A member of the Governing Body to be appointed by it.
d.
Class IV: Six other citizens of the municipality to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, except that one member may be a member of the Historic Preservation
Commission and one member may be a member of the Board of Education.
If there be a Municipal Environmental Commission, the member of the
Environmental Commission who is also a member of the Planning Board,
as required by N.J.S. 40:56A-1, shall be a Class IV Planning Board
member unless there be a member of the Historic Preservation Commission
and a member of the Board of Education, in which case the member common
to the Planning Board and Municipal Environmental Commission shall
be deemed a Class II member of the Planning Board. For the purpose
of this section, membership on a municipal board or commission whose
function is advisory in nature, and the establishment of which is
discretionary and not required by Statute, shall not be considered
the holding of municipal office.
[Ord. No. 1732-97 § 73-2; Ord. No. 1141-00 § 1]
a.
There is hereby established pursuant to N.J.S.A. 40:55D-23.1 four
alternate members of the Planning Board. Alternate members shall be
appointed by the Mayor, and shall meet qualifications of Class IV
members. Alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No.
3" and "Alternate No. 4." The terms of the alternate members shall
be for two years, except that the terms of the alternate members shall
be such that the term of not more than two alternate members shall
expire in any one year; provided, however, that in no instance shall
the terms of the alternate members first appointed exceed two years.
A vacancy occurring otherwise than by expiration of term shall be
filled by the Mayor for the unexpired term only.
b.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[Ord. No. 1732-97 § 73-3]
The term of the member composing Class I shall correspond with
the Mayor's official tenure, or, if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
members composing Class II and Class III shall be for one year or
terminate at the completion of their respective terms of office, whichever
occurs first, except for a Class II member who is also a member of
the Environmental Commission. The term of a Class II or a Class IV
member who is also a member of the Environmental Commission shall
be for three years or terminate at the completion of his term of office
as a member of the Environmental Commission, whichever comes first.
The term of a Class IV member who is also a member of the Board of
Education shall terminate whenever he is no longer a member of such
other body or at the completion of his Class IV term, whichever occurs
first. The terms of all Class IV members first appointed shall be
so determined that to the greatest practicable extent the expiration
of such terms shall be evenly distributed over the first four years
after their appointment; provided, however, that no term of any member
shall exceed four years. Thereafter all Class IV members shall be
appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
[Ord. No. 1732-97 § 73-4]
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment, as above provided, for
the unexpired term.
[Ord. No. 1732-97 § 73-5]
The Planning Board shall elect a chairman and vice chairman
from the members of Class IV and select a secretary, who may or may
not be a member of the Planning Board or a municipal employee.
[Ord. No. 1732-97 § 73-6]
There is hereby created the Office of Planning Board Attorney.
The Planning Board may annually appoint and establish the compensation
of or agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the municipal attorney.
[Ord. No. 1732-97 § 73-7]
The Planning Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not, however, exceed, exclusive of gifts or grants,
the amount appropriated by the Governing Body for its use.
[Ord. No. 1732-97 § 73-8]
The Planning Board is authorized to adopt bylaws governing its
procedural operation. It shall also have the following powers and
duties:
a.
To make, adopt and from time to time amend a master plan for the
physical development of the Borough, including any areas outside its
boundaries which in the Board's judgment bear essential relation to
the planning of the Borough, in accordance with the provisions of
N.J.S. 40:55D-28.
b.
To administer the provisions of the land subdivision ordinance and
site plan review ordinance of the Borough in accordance with the provisions
of said ordinances and the Municipal Land Use Law, N.J.S. 40:55D-1
et seq.
c.
To exercise, to the same extent and subject to the same restrictions, all powers of a Board of Adjustment in accordance with the provisions of the Municipal Land Use Law, N.J.S. 40:55D-1 et seq., but the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of N.J.S. 40:55D-70.
d.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
same to the Governing Body.
g.
To consider and make report to the Governing Body within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S. 40:55D-26a, and also pass
upon other matters specifically referred to the Planning Board by
the Governing Body, pursuant to the provisions of N.J.S. 40:55D-26b.
h.
To perform such other advisory duties are assigned to it by ordinance
or resolution of the Governing Body for the aid and assistance of
the Governing Body or other agencies or officers.
[Ord. No. 1732-97 § 73-9]
The Planning Board shall grant or deny development approvals
within the time periods established in the Municipal Land Use Law,
N.J.S. 40:55D-1 et sq.
[Ord. No. 1732-97 § 73-10]
Development applications shall be filed with the secretary of
the Planning Board. The applicant shall file, at least 21 days before
the date of the meeting of the Board 15 copies of development applications,
maps and other required documents. At the time of filing the application,
but in no event less than 10 days prior to the date set for hearing,
the applicant shall also file all plot plans, maps and other documents
required by virtue of any provisions of this chapter or any rule of
the Planning Board. The applicant shall obtain all necessary forms
from the secretary of the Planning Board. The Secretary of the Board
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
[Ord. No. 1732-97 § 73-11]
The Mayor may appoint one or more persons as a Citizens' Advisory
Committee to assist or collaborate with the Planning Board in its
duties, but such person or persons shall have no power to vote or
take other action required of the Board. Such person or persons shall
serve at the pleasure of the Mayor.
[Ord. No. 1732-97 § 73-12]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
[Ord. No. 1732-97 § 73-13;
amended 9-19-2022 by Ord. No. 2381-22]
The Planning Board shall adopt such rules and regulations as
may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
a.
Subject
to the terms and conditions of N.J.S.A. 40A:9-12.1, the position of
a Planning Board member shall be deemed vacant upon a member’s
absence for more than six consecutive weeks, or three consecutive
meetings, whichever shall be of longer duration, without being excused,
within the term for the position held by the individual
b.
All members
and alternate members of the Planning Board, except for the Class
II member, shall be municipal residents of the Borough of Manasquan.
[Ord. No. 1732-97 § 73-14]
All actions of the Planning Board shall be taken in accordance
with the voting requirements as established in N.J.S. 40:55D-9a. When
any hearing before the Planning Board shall carry over two or more
meetings, a member of the Board who was absent for one or more of
the meetings shall be eligible to vote on the matter upon which the
hearing was conducted, notwithstanding his absence from one or more
of the meetings; provided, however, that such Board member has available
to him a transcript or recording of the meeting from which he was
absent and certifies, in writing, to the Board that he has read such
transcript or listened to such recording.
